Med Mal News

Money Transferred from Excess-Insurance Fund to Be Returned Under PA Accord

The Commonwealth of Pennsylvania has settled five years of litigation with several health-care provider groups over a $100 million transfer of funds from the Medical Care and Reduction of Error Fund (MCARE) to the commonwealth's general fund. Also part of the settlement, the commonwealth will recalculate the annual assessments it charges doctors for MCARE's excess medical malpractice insurance coverage. David E. Loder, counsel for one of the plaintiffs, The Hospital & Healthsystem Association, said, “I think the settlement essentially provides that no longer will the MCARE fund be able to generate these large surpluses on overpayments by the health care industry.”

CA Voters Decide Not to Raise Statutory Cap on Non-Economic Damages

California's citizens voted Nov. 4 not to raise the statutory limit on noneconomic damages in medical malpractice cases from $250,000 to $1.1 million. The increase, which the plaintiff bar supported, represents the inflation-adjusted value of the $250,000 limit imposed by the legislature in 1975 on med-mal noneconomic damages. In addition to the plaintiff bar, Proposition 46 was pushed by Internet entrepreneur Bob Pack, of Santa Barbara, who lost two children after they were struck by a car driven by a woman who was high on prescription drugs. The measure also sought to impose a requirement for drug testing of doctors, and would have mandated that doctors review a statewide patient database before prescribing medications, in order to prevent doctor-shopping.

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Money Transferred from Excess-Insurance Fund to Be Returned Under PA Accord

The Commonwealth of Pennsylvania has settled five years of litigation with several health-care provider groups over a $100 million transfer of funds from the Medical Care and Reduction of Error Fund (MCARE) to the commonwealth's general fund. Also part of the settlement, the commonwealth will recalculate the annual assessments it charges doctors for MCARE's excess medical malpractice insurance coverage. David E. Loder, counsel for one of the plaintiffs, The Hospital & Healthsystem Association, said, “I think the settlement essentially provides that no longer will the MCARE fund be able to generate these large surpluses on overpayments by the health care industry.”

CA Voters Decide Not to Raise Statutory Cap on Non-Economic Damages

California's citizens voted Nov. 4 not to raise the statutory limit on noneconomic damages in medical malpractice cases from $250,000 to $1.1 million. The increase, which the plaintiff bar supported, represents the inflation-adjusted value of the $250,000 limit imposed by the legislature in 1975 on med-mal noneconomic damages. In addition to the plaintiff bar, Proposition 46 was pushed by Internet entrepreneur Bob Pack, of Santa Barbara, who lost two children after they were struck by a car driven by a woman who was high on prescription drugs. The measure also sought to impose a requirement for drug testing of doctors, and would have mandated that doctors review a statewide patient database before prescribing medications, in order to prevent doctor-shopping.

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